Property and Planning
Property law lies at the heart of Brynmor’s practice. His practice combines cases with a strong public law element (such as housing cases or cases involving local authorities) and pure property cases.
Brynmor’s property practice ranges from trusts of land and real property through to landlord and tenant matters. He has particular expertise in residential leasehold disputes. Brynmor has appeared on numerous occasions before the Property Chamber of the First-Tier Tribunal in leasehold and land registration disputes, and on appeals to the Upper Tribunal.
Brynmor recently joined Exchange from a specialist property and housing law chambers in London. He has experience of appearing at all levels of court and tribunal and can be instructed for cases nationwide.
Brynmor is ranked in both the leading directories. Chambers and Partners 2021 describes him as having a “superb analytical brain and superb judgement”, whilst the Legal 500 says that he “has a highly analytical mind” and he is “popular with clients due to his unflappable and common sense approach”.
- Bentham v Lindsay Court (St Annes) RTM Company Limited  UKUT 4 (LC) [link: https://www.bailii.org/uk/cases/UKUT/LC/2021/4.html] Brynmor successfully represented the leaseholders and the RTM company in this appeal concerning the interaction between the right to manage and the Tribunal’s power to appoint a manager. The exercise of the right to manage will displace a pre-existing manager appointment in all circumstances. A fresh application to appoint a manager is required to remove the RTM company.
- Joy Smith v Mohammed Riaz Khan  EWCA Civ 1137: established the correct approach to general damages for trespass in unlawful eviction cases. The Court emphasised that damages run until the evicted tenant’s right to possession was actually terminated (not to the date when it could lawfully have been terminated). The Court also considered the appropriate rate of damages and the relevance of the rent and comparator cases.
- 23 Dollis Avenue (1998) Limited v Vejdani  UKUT 0365: established the important principle that the consultation requirements for major works do not affect the payability of on-account service charge demands. http://landschamber.decisions.tribunals.gov.uk//judgmentfiles/j1265/LRX-128-2015.pdf
- Albion Riverside v Al-A’Ali LON/00BJ/LSC/2014/0614: secured an order for payment of 100% of the disputed service charges on behalf of the management company in relation to a exclusive Central London residential development. http://www.residential-property.judiciary.gov.uk/Files/2015/November/LON_00BJ_LSC_2014_614_10_Nov_2015_12_28_37.html
- Kaur v Birk & ors  EWHC 1147 (Ch): representing the Claimant in an 8-day Chancery Division dispute about ownership of a family property portfolio raising issues of undue influence and trusts of land.
- Daejan Properties Limited v Griffin  UKUT 206 (LC): represented the lessees at first instance and on appeal to the Upper Tribunal in this service charge dispute involving historic neglect and s. 20C orders. http://landschamber.decisions.tribunals.gov.uk//judgmentfiles/j1037/LRX-85-2012%20with%20addendum.pdf
- Cameret Court Residents Association Limited v Tedla  UKUT 0221 (LC): Acted for the Respondent in an appeal concerning a compromise of a service charge dispute (s. 27A Landlord and Tenant Act 1985) and the requirements of s. 47 of the Landlord and Tenant Act 198. http://www.bailii.org/uk/cases/UKUT/LC/2015/221.html
- Campden Hill Gate (Freehold) Ltd v the Lessees of Campden Hill Gate, LON/00AW/LVT/2013/0002:a contested application to vary all of the leases in a residential apartment block to enable the installation of new boilers. http://www.residential-property.judiciary.gov.uk/Files/2013/August/LON_00AW_LVT_2013_2_08_Aug_2013_09_59_52.html
- Paratus AMC Limited v Santander UK Plc (Ref/2012/0004): appearing for the Respondent mortgagee before the Adjudicator to HM Land Registry successfully defending the priority of its registered charge.